TitleCitationYearSummaryMost RelevantTypeStatus
Braswell v. Morehead Busb.Eq. 26, Supreme Court of North Carolina (December 01, 1852) 1852 The only questions presented by the pleadings, upon which the opinion of the Court is necessary, are-- 1st, Whether the plaintiff can, by her guardian, under the sanction of the Court, take the slaves and other personal property bequeathed to her by her grandfather, and carry them to the State of Mississippi, where she now resides, notwithstanding... Most Relevant Cases  
Bryan v. Duncan 11 Ga. 67, Supreme Court of Georgia (January 01, 1852) 1852 [1.] Where the will of a testator contained the following bequest: I lend to my niece, Mary Edwards, one negro girl and her increase, Corboro, during my niece's natural life, and at her death, to the lawful issue of her body; and in case my niece Mary, should die without issue or a minor, then it is my will and desire that this negro girl,... Most Relevant Cases  
Buckingham v. Levi 1 Cushm. 590, High Court of Errors and Appeals of Mississippi (January 01, 1852) 1852 The remedy by writ of habeas corpus for the recovery of the possession of slaves, is confined to cases in which a slave has been taken or seduced out of the possession of the master, owner, or overseer of such slave, by force, stratagem, or fraud, and unlawfully detained in the possession of another person. Hutch. Code, 1002, ยง 19. Held, that the... Most Relevant Cases  
Buel v. Pumphrey 2 Md. 261, Court of Appeals of Maryland (December 01, 1852) 1852 This is an action of trover instituted to recover the value of a negro woman. The plaintiff, after having proved property in the woman, proved that his agent, in August, 1847, went to the residence of the defendant with an order demanding that the woman should be delivered to him as agent of the plaintiff; that the defendant said at first, that the... Most Relevant Cases  
Burke v. Clarke 32 Tenn. 310, Supreme Court of Tennessee (December 01, 1852) 1852 This was an action of debt, in the circuit court of Lincoln, brought by Clarke against Burke, to recover the price of a slave sold by the former to the latter, on the 2d of February, 1851, with a warranty of soundness. The defense to the action was that the slave was of unsound mind at the time of the sale. To repel this defence, the plaintiff,... Most Relevant Cases  
Calvert v. The Timoleon 15 Mo. 595, Supreme Court of Missouri (March 01, 1852) 1852 This was an action under the statute, against the appellant (the Steamboat) for transporting from St. Louis, a slave, the property of the appellee, to the State of Illinois, without the consent of his master, whereby he was lost. The defense was, that the slave was entitled to his freedom, and that he was permitted to go about and act as a free... Most Relevant Cases  
Carnahan v. Wood 32 Tenn. 500, Supreme Court of Tennessee (December 01, 1852) 1852 This was an action of replevin in the circuit court of Rutherford, instituted by Wood against Carnahan, for the recovery of a negro girl named Milly, seized by the latter, as an officer, as the property of Robert Wood, the father of the plaintiff in this action, for the satisfaction of certain executions in his hands against said Robert Wood. The... Most Relevant Cases  
Clack v. White 32 Tenn. 540, Supreme Court of Tennessee (December 01, 1852) 1852 The plaintiff, Clack, brings his bill against the defendant, White; and, upon the matters stated in the bill, invokes the exercise of the injunctive power of the court, to protect him in the free and undisturbed possession, use, and enjoyment of a right of private way, to which he says he is entitled, over the defendant's land. The prayer of the... Most Relevant Cases  
Claughton v. Black 2 Cushm. 185, High Court of Errors and Appeals of Mississippi (April 01, 1852) 1852 The defence of the statute of limitations, in a trial of the right of property, must, as in all other cases, be governed by the testimony. If the claimant, or the person from whom he claims, acquired his title to the slaves before the lien of the judgment attached, or if the lien had expired before the execution was issued, then the defence of the... Most Relevant Cases  
Coffey v. Kelly Busb.Eq. 48, Supreme Court of North Carolina (December 01, 1852) 1852 The husband, by marriage, acquires title to his wife's personal property, not claimed adversely by any other person, whether he reduces the same into his possession or not; and her being tenant in common thereof with another, makes no difference. As where, after marriage, certain slaves, the property of the wife, remained at the house of her... Most Relevant Cases  
Coffield v. Roberts 13 Ired. 277, Supreme Court of North Carolina (June 01, 1852) 1852 The will of Miles Welch contains this clause: I give and bequeath unto Elizabeth and Sarah M. Simpson, all the negroes I sent to my daughter Penny Simpson, to them and their heirs forever; and if they should die without an heir, for said negroes to be equally divided between Henderson Simpson and all my children. Elizabeth married the defendant... Most Relevant Cases  
Com. v. Cook 13 B.Mon. 149, Court of Appeals of Kentucky (June 08, 1852) 1852 This was a presentment for selling spirituous liquors to slaves, without any order from their master authorizing the sale. The presentment does not allege to whom the slaves belonged, or state the name of the person who was entitled to their services at the time, nor furnish any description, by name or otherwise, by which they could have been... Most Relevant Cases  
Cook v. Bronaugh 13 Ark. 183, Supreme Court of Arkansas (January 01, 1852) 1852 C., an attorney, entered into contract with W. a minor, for the purchase of one-fourth interest in certain slaves then in litigation, in consideration of professional services for their recovcry; B., purchased the remaining three-fourths interest: After W. arrived at legal age, B., with a full knowledge of C's contract, purchased the slaves of W.... Most Relevant Cases  
Cook v. Weaver 12 Ga. 47, Supreme Court of Georgia (August 01, 1852) 1852 [1.] The proper construction of this will is not free from doubt or difficulty, that is, whether Samuel Cook, the testator, intended his wife Sarah E. Cook, to have the two negroes, Amy and Ben, during the term of her natural life, or for her widowhood only. This is the only question for our consideration. Take separate clauses in the will, and a... Most Relevant Cases  
Corn v. Brazelton 32 Tenn. 273, Supreme Court of Tennessee (December 01, 1852) 1852 The action is replevin for two negro slaves. There was judgment for the plaintiff, and defendants have appealed in error to this court. The question is, Did his honor the circuit judge err in overruling the motion in arrest of judgment? It is argued that he erred: 1st. Because the declaration is defective. 2d. Because the judgment is joint, against... Most Relevant Cases  
Craddock v. Cabiness 31 Tenn. 474, Supreme Court of Tennessee (April 01, 1852) 1852 This bill is brought to set aside two conveyances, one executed by complainant to Cabiness and wife, on the 10th July, 1848, for six negro slaves and other property therein mentioned. The bill charges that complainant, at the time of the execution of the bill of sale was about seventy years of age, confined to her bed, and had been for several... Most Relevant Cases  
Cummings v. Coleman 7 Rich.Eq. 509, Court of Appeals of Equity of South Carolina (November 01, 1852) 1852 At an administrator's sale, one of the administrators bid off three slaves, and immediately made a parol gift of them:Held, that the administrator had sufficient title to make the gift, and that his subsequent formal consummation of the title enured to the benefit of the donees. A mother made a parol gift of slaves to her infant children,... Most Relevant Cases  
Darnall v. Adams 13 B.Mon. 273, Court of Appeals of Kentucky (October 08, 1852) 1852 In 1833 W. Grimes died, leaving a will, by which, after payment of debts, he gave his whole estate to his wife during her life, and then to his two brothers. Mrs. Grimes being possessed, under this devise, of three slaves, Giles, Moses, and Judy, afterward married Elijah Wigginton, who had a son and daughter by a former marriage. In January, 1842,... Most Relevant Cases  
Davenport v. Hassel Busb.Eq. 29, Supreme Court of North Carolina (December 01, 1852) 1852 In 1849, Joseph Wynne died, having duly made and published his last will, and leaving him surviving, a sister, the defendant Mrs. Hassell, and a nephew and niece, the children of a deceased sister. To the nephew and niece he gives his slaves (two to each) and also the proceeds of the sale of his land. He then directs the balance of his property to... Most Relevant Cases  
Davis v. Foster 15 Mo. 395, Supreme Court of Missouri (January 01, 1852) 1852 The appellants commenced a suit in the Linn Circuit Court for partition of two slaves named Charlotte and Price, alleging that they owned 14-15ths and appellee 1-15th thereof; that appellee had possession and refused to permit them to use or control said slaves, and asking partition or sale. Defendant answered, denying that plaintiffs had any title... Most Relevant Cases  
Dennis v. Ashley's Adm'rs 15 Mo. 453, Supreme Court of Missouri (January 01, 1852) 1852 This was an action brought in the Andrew Circuit Court, in March, 1849, by Thomas Dennis against Ephraim Myers and Oswald Roberts, as administrators of the estate of Allen Ashley, deceased. The declaration states, that in August, 1847, the said Ashley sold to Dennis, the plaintiff, a certain negro slave named Harriet for the price of $410, which... Most Relevant Cases  
Donnell v. State 3 Ind. 480, Supreme Court of Indiana (November 01, 1852) 1852 This was an indictment against Luther A. Donnell, containing two counts; one charging him with Ind.ucing the escape of, and the other with secreting, a certain woman of color, called Caroline, then being the slave of, and owing service to, one George Ray, in the state of Kentucky. The defendant was convicted. The section of the... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Dooley v. McEwing 8 Tex. 306, Supreme Court of Texas (January 01, 1852) 1852 We have heretofore decided that writing is not necessary to convey title to a slave, and that the ownership of this species of property may be established by parol evidence. (Davis v. Loftin, 6 Tex. R., 489.) The only question to be determined in this case, therefore, is whether the oral declaration or admission of a party of his having sold a... Most Relevant Cases  
Doran v. Brazelton 32 Tenn. 149, Supreme Court of Tennessee (December 01, 1852) 1852 This bill is filed by eleven persons of color, in their own names, to establish their right to freedom against the defendants, who hold them as slaves. They charge that they were the slaves of one James Doran, of Jackson county, Alabama, who made his will in 1840, and died, providing for the emancipation of petitioners at the death of his widow.... Most Relevant Cases  
Doughty v. Owen 2 Cushm. 404, High Court of Errors and Appeals of Mississippi (October 01, 1852) 1852 A slave belonging to J. D. committed a crime punishable with death; but before he was arrested, and after process had been issued to arrest the slave, his master sent him to an adjoining county, and after detailing the circumstances under which the slave had been taken off, sold him to D., who executed his note for a part of the purchase-money,... Most Relevant Cases  
Douglass v. Brice 4 Rich.Eq. 322, Court of Appeals of Equity of South Carolina (May 01, 1852) 1852 Negroes purchased by a son and daughter, who resided with their father and managed his plantation and household affairs for him, held to be advancements to them by the father, although it did not positively appear that he knew that the bills of sale had been taken in their names, and although, by a will ineffectually attested, he had attempted to... Most Relevant Cases  
Drewry v. Phillips Busb. 81, Supreme Court of North Carolina (December 01, 1852) 1852 Where A. purchased a slave of B. in the State of Virginia and took therefor a bill of sale which, though not valid under our Statute, was good and sufficient by the laws of that State; and the slave was, at the time of said sale, in the possession of C. as bailee of B., in this State, who afterwards sold the same:--Held, in a suit by one claiming... Most Relevant Cases  
Duckworth v. Overton 31 Tenn. 381, Supreme Court of Tennessee (April 01, 1852) 1852 This is an action of trover for slave Harriet. The bill of exceptions shows that Mrs. Duckworth, when a girl, lived with defendant Overton; that she intermarried with one Taylor, after which Overton gave or loaned her the slave Harriet for life, and put said slave in her possession. Taylor continued in possession of the slave during his life more... Most Relevant Cases  
Duncan v. Bryan 11 Ga. 63, Supreme Court of Georgia (January 01, 1852) 1852 William Britton died in South Carolina, bequeathing to his niece, Mary Edwards, a negro woman by the name of Corboro. The following is the clause in the will of Britton, disposing of this property: I lend my niece, Mary Edwards, one negro girl and her increase, Corboro, during my niece's natural life, and at her death, to the lawful issue of her... Most Relevant Cases  
Eaves v. Twitty 13 Ired. 468, Supreme Court of North Carolina (August 01, 1852) 1852 There is no error that we can perceive in the charge of the Judge below. In the case as brought before us, the gist of the plaintiff's complaint is the unsoundness of the negro Bob, at the time of the sale, and the fraudulent concealment of it by the defendant, and, throughout the argument here, his right to damages has been placed on the same... Most Relevant Cases  
Epperson v. Young 8 Tex. 135, Supreme Court of Texas (January 01, 1852) 1852 From the statement of the facts it is clear that the deed of sale was a fair and valid consideration, or it was made with a view to protect, under its cover, the negroes from the creditors of the defendant; and in these two aspects it will be considered. How far parol testimony could be received, where the contract is in writing, to vary and... Most Relevant Cases  
Etheridge v. Edwards 31 Tenn. 426, Supreme Court of Tennessee (April 01, 1852) 1852 This action, instituted in the circuit court of Weakley, is trover, for the conversion of a negro slave. The defendant's plea is not guilty; and at the February term, 1852, of said court, there was judgment for the defendant; from which the plaintiffs have appealed in error to this court. The case, as it appears in the bill of exceptions, is this:... Most Relevant Cases  
Evans v. Evans 4 Rich.Eq. 334, Court of Appeals of Equity of South Carolina (May 01, 1852) 1852 Testator directed his slaves and other property to be divided by freeholders, to be chosen by his executors, into lots-that each one of his children should draw one lot and hold the same for life, with remainder to his or her issue: In making the lots, the freeholders inadvertently put a female slave into one lot, and her infant child into another;... Most Relevant Cases  
Fabre v. Hepp 7 La.Ann. 8, Supreme Court of Louisiana (January 01, 1852) 1852 The question in this cause is, whether Fabre has a right of legal mortgage upon a slave owned and possessed by the defendant. The facts material to this inquiry are the following: The plaintiff's mother married Sylvain Peyroux. This slave formed part of the community of acquets and gains which existed between Peyroux and his wife. She died, leaving... Most Relevant Cases  
Fanshaw v. Fanshaw Busb. 166, Supreme Court of North Carolina (December 01, 1852) 1852 In a suit by one of the next of kin against the administrator and his sureties on his administration bond, for a distributive share of the sales of slaves sold by the adminstrator, not in his capacity as such, but as a commissioner appointed by Court, under a petition for partition, to which the plaintiff was a party:--Held, that the plaintiff is... Most Relevant Cases  
Farnsworth v. Dinsmore 32 Tenn. 38, Supreme Court of Tennessee (September 01, 1852) 1852 In 1818 Samuel Dinsmore died intestate, leaving his wife, Elizabeth, and nine children surviving him. The said Elizabeth administered on his estate. The estate consisted of 200 acres of land (the homestead), a slave (Fanny), and small personal effects. The administratrix caused the slave and personal effects to be sold in 1818, and herself became... Most Relevant Cases  
Felton v. Long 8 Ired.Eq. 224, Supreme Court of North Carolina (June 01, 1852) 1852 In the year 1800, Thomas Long executed a deed of gift, by which he conveyed to his children several tracts of land and a number of negroes; among others, he gave to his son, Edward, a negro girl, Esther, and to his son, Joshua, a boy named Lewis. Edward and Joshua died soon afterwards intestate, and before arriving at the age of twenty-one. In... Most Relevant Cases  
Flowers v. Wilkes 31 Tenn. 408, Supreme Court of Tennessee (April 01, 1852) 1852 This is an action of replevin for a female slave named Tabitha. The plaintiff sues in the character of administrator of his deceased wife, formerly Deborah E. Robinson. The verdict and judgment in the circuit court were for the defendant. The facts of the case are as follows: On the 29th of October, 1839, William Halliburton, by an instrument of... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Foster v. Jordan 32 Tenn. 476, Supreme Court of Tennessee (December 01, 1852) 1852 Singleton Foster died intestate in the state of Virginia, about the year 1812. The complainant Sarah Foster is his widow, and the other complainant, Mary Davis (wife of Samuel Davis, defendant), is his only surviving child. The intestate was possessed, at the time of his death, of six slaves. Two of said slaves were allotted to the widow--a part of... Most Relevant Cases  
Foster v. Kerr 4 Rich.Eq. 390, Court of Appeals of Equity of South Carolina (May 11, 1852) 1852 Bequest of slaves to a feme covertto her and the heirs of her body, and to them alone, does not confer a separate estate on the wife, in exclusion of the rights of her husband. Most Relevant Cases  
Foster, for Use of Tompkins v. Whitaker 12 Ga. 57, Supreme Court of Georgia (August 01, 1852) 1852 [1.] Pending an appeal in an action of trover, the defendant was required to give bond, under the Statute, for the forthcoming of the negroes sued for to answer the judgment. In consideration that W. and W. would become surety for him on this bond, he agreed with them, that they should have control of the negroes until the termination of the suit,... Most Relevant Cases  
Garret v. Gault 13 B.Mon. 378, Court of Appeals of Kentucky (December 23, 1852) 1852 The evidence in this case does not sustain the joint judgment given against the defendants either for the slaves in contest or for the costs of suit. It appears that the plaintiff is the widow of John Gault, deceased, and the defendant, Edward Gault, is the administrator of his estate, claiming the slaves in that character as assets coming to his... Most Relevant Cases  
Garth v. Everett 16 Mo. 490, Supreme Court of Missouri (July 01, 1852) 1852 This was an action for a slave, Jacob, a child. It appears that Garth brought an action of trespass against Everett, for taking and converting to his use a negro woman slave, the property of Garth. In this suit Garth recovered damages equivalent to the value of the slave. There was an execution on this judgment, which was satisfied. During the... Most Relevant Cases  
Giboney v. Bedford 17 Mo. 56, Supreme Court of Missouri (October 01, 1852) 1852 This was an action under the new code for the recovery of personal property, a negro boy. The plaintiff claims that the defendants wrongfully and without leave took the negro boy from her possession and have not returned the same; and the defendants answer and deny that they unlawfully took the property of the plaintiff, but that they hold the... Most Relevant Cases  
Givens' Adm'r v. Davenport 8 Tex. 451, Supreme Court of Texas (January 01, 1852) 1852 Where the defendant in a suit for the foreclosure of a mortgage on real estate or negroes dies, it is not necessary, under the 772 art. Hart. Dig., to make the heirs interested in the mortgaged property parties; otherwise, where the suit is commenced against the executors or administrators in the first instance. Where a deed of trust and mortgage... Most Relevant Cases  
Gobin v. Hudgens 15 Mo. 400, Supreme Court of Missouri (January 01, 1852) 1852 This was a civil action under the new Code of Practice to recover slaves. The trial was submitted to the court, and the court found a general verdict for the defendant, without finding the facts as required by the 2nd section of the 15th article of the code. This section requires the decision of the court to be in writing, and that the facts shall... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Gourdin v. Commander 6 Rich. 497, Court of Appeals of Law of South Carolina (January 01, 1852) 1852 C. and R. signed and sealed a bond, the places for the date and name of the obligee being left blank: the bond was left with C. who was authorized to borrow money on its security-he undertaking to purchase negroes with the money and give R. a mortgage of the negroes to indemnify him: C. borrowed money from the plaintiff and gave him the bond as... Most Relevant Cases  
Grady v. State 11 Ga. 253, Supreme Court of Georgia (February 01, 1852) 1852 [1.] The attempt to procure a slave to commit a crime or misdemeanor, under the amendatory Act of 22d February, 1850, means an offence which, if committed, would constitute a crime or misdemeanor in a free white person. [2.] Negro testimony is inadmissible against a free white person. It is competent, however, to state that certain acts were done,... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Graves v. Allan 13 B.Mon. 190, Court of Appeals of Kentucky (June 16, 1852) 1852 Charles Allan (a free man of color), having by his last will, which has been duly recorded, made divers bequests to certain slaves named therein, most of whom he recognizes as his children, and others as the mothers of those children, this bill was filed by the owner of some of these slaves against the executor of Allan, claiming the money... Most Relevant Cases  
Green v. State 1 Cushm. 509, High Court of Errors and Appeals of Mississippi (January 01, 1852) 1852 A count in an indictment, charging that the prisoner, a slave, with force and arms, in the county aforesaid, in and upon one E. C. (then and there being a free white woman) feloniously did make an assault, and her, the said E. C., then and there feloniously did attempt to ravish and carnally know, by force and against her will, and in said... Most Relevant Cases  
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